The History of Rome, Theodor Mommsen [good english books to read txt] 📗

the other hand to the domains still possessed by right of occupation—which, over and above the domain-land enjoyed by the Latins, must have mostly consisted of the estates left with their holders in accordance with the Gracchan maximum(2)—it was resolved definitively to secure them to those who had hitherto been occupants and to preclude the possibility of future distribution. It was primarily from these lands, no doubt, that the 36,000 new farm-allotments promised by Drusus were to have been formed; but they saved themselves the trouble of inquiring where those hundreds of thousands of acres of Italian domain-land were to be found, and tacitly shelved the Livian colonial law, which had served its purpose;—only perhaps the small colony of Scolacium (Squillace) may be referred to the colonial law of Drusus. On the other hand by a law, which the tribune of the people Spurius Thorius carried under the instructions of the senate, the allotment-commission was abolished in 635, and there was imposed on the occupants of the domain-land a fixed rent, the proceeds of which went to the benefit of the populace of the capital—apparently by forming part of the fund for the distribution of corn; proposals going still further, including perhaps an increase of the largesses of grain, were averted by the judicious tribune of the people Gaius Marius. The final step was taken eight years afterwards (643), when by a new decree of the people(3) the occupied domain-land was directly converted into the rent-free private property of the former occupants. It was added, that in future domain-land was not to be occupied at all, but was either to be leased or to lie open as public pasture; in the latter case provision was made by the fixing of a very low maximum of ten head of large and fifty head of small cattle, that the large herd- owner should not practically exclude the small. In these judicious regulations the injurious character of the occupation-system, which moreover was long ago given up,(4) was at length officially recognized, but unhappily they were only adopted when it had already deprived the state in substance of its domanial possessions. While the Roman aristocracy thus took care of itself and got whatever occupied land was still in its hands converted into its own property, it at the same time pacified the Italian allies, not indeed by conferring on them the property of the Latin domain-land which they and more especially their municipal aristocracy enjoyed, but by preserving unimpaired the rights in relation to it guaranteed to them by their charters. The opposite party was in the unfortunate position, that in the most important material questions the interests of the Italians ran diametrically counter to those of the opposition in the capital; in fact the Italians entered into a species of league with the Roman government, and sought and found protection from the senate against the extravagant designs of various Roman demagogues.

The Proletariate and the Equestrian Order under the Restoration

While the restored government was thus careful thoroughly to eradicate the germs of improvement which existed in the Gracchan constitution, it remained completely powerless in presence of the hostile powers that had been, not for the general weal, aroused by Gracchus. The proletariate of the capital continued to have a recognized title to aliment; the senate likewise acquiesced in the taking of the jurymen from the mercantile order, repugnant though this yoke was to the better and prouder portion of the aristocracy. The fetters which the aristocracy wore did not beseem its dignity; but we do not find that it seriously set itself to get rid of them. The law of Marcus Aemilius Scaurus in 632, which at least enforced the constitutional restrictions on the suffrage of freedmen, was for long the only attempt—and that a very tame one—on the part of the senatorial government once more to restrain their mob-tyrants. The proposal, which the consul Quintus Caepio seventeen years after the introduction of the equestrian tribunals (648) brought in for again entrusting the trials to senatorial jurymen, showed what the government wished; but showed also how little it could do, when the question was one not of squandering domains but of carrying a measure in the face of an influential order. It broke down.(5) The government was not emancipated from the inconvenient associates who shared its power; but these measures probably contributed still further to disturb the never sincere agreement of the ruling aristocracy with the merchant- class and the proletariate. Both were very well aware, that the senate granted all its concessions only from fear and with reluctance; permanently attached to the rule of the senate by considerations neither of gratitude nor of interest, both were very ready to render similar services to any other master who offered them more or even as much, and had no objection, if an opportunity occurred, to cheat or to thwart the senate. Thus the restoration continued to govern with the desires and sentiments of a legitimate aristocracy, and with the constitution and means of government of a -tyrannis-. Its rule not only rested on the same bases as that of Gracchus, but it was equally ill, and in fact still worse, consolidated; it was strong, when in league with the populace it overthrew serviceable institutions, but it was utterly powerless, when it had to face the bands of the streets or the interests of the merchants. It sat on the vacated throne with an evil conscience and divided hopes, indignant at the institutions of the state which it ruled and yet incapable of even systematically assailing them, vacillating in all its conduct except where its own material advantage prompted a decision, a picture of faithlessness towards its own as well as the opposite party, of inward inconsistency, of the most pitiful impotence, of the meanest selfishness—an unsurpassed ideal of misrule.

The Men of the Restoration

It could not be otherwise; the whole nation was in a state of intellectual and moral decline, but especially the upper classes. The aristocracy before the period of the Gracchi was truly not over- rich in talent, and the benches of the senate were crowded by a pack of cowardly and dissolute nobles; nevertheless there sat in it Scipio Aemilianus, Gaius Laelius, Quintus Metellus, Publius Crassus, Publius Scaevola and numerous other respectable and able men, and an observer favourably predisposed might be of opinion that the senate maintained a certain moderation in injustice and a certain decorum in misgovernment. This aristocracy had been overthrown and then reinstated; henceforth there rested on it the curse of restoration. While the aristocracy had formerly governed for good or ill, and for more than a century without any sensible opposition, the crisis which it had now passed through revealed to it, like a flash of lightning in a dark night, the abyss which yawned before its feet. Was it any wonder that henceforward rancour always, and terror wherever they durst, characterized the government of the lords of the old nobility? that those who governed confronted as an united and compact party, with far more sternness and violence than hitherto, the non- governing multitude? that family-policy now prevailed once more, just as in the worst times of the patriciate, so that e. g. the four sons and (probably) the two nephews of Quintus Metellus—with a single exception persons utterly insignificant and some of them called to office on account of their very simplicity—attained within fifteen years (631-645) all of them to the consulship, and all with one exception also to triumphs—to say nothing of sons-in-law and so forth? that the more violent and cruel the bearing of any of their partisans towards the opposite party, he received the more signal honour, and every outrage and every infamy were pardoned in the genuine aristocrat? that the rulers and the ruled resembled two parties at war in every respect, save in the fact that in their warfare no international law was recognized? It was unhappily only too palpable that, if the old aristocracy beat the people with rods, this restored aristocracy chastised it with scorpions. It returned to power; but it returned neither wiser nor better. Never hitherto had the Roman aristocracy been so utterly deficient in men of statesmanly and military capacity, as it was during this epoch of restoration between the Gracchan and the Cinnan revolutions.

Marcus Aemilius Scaurus

A significant illustration of this is afforded by the chief of the senatorial party at this time, Marcus Aemilius Scaurus. The son of highly aristocratic but not wealthy parents, and thus compelled to make use of his far from mean talents, he raised himself to the consulship (639) and censorship (645), was long the chief of the senate and the political oracle of his order, and immortalized his name not only as an orator and author, but also as the originator of some of the principal public buildings executed in this century. But, if we look at him more closely, his greatly praised achievements amount merely to this much, that, as a general, he gained some cheap village triumphs in the Alps, and, as a statesman, won by his laws about voting and luxury some victories nearly as serious over the revolutionary spirit of the times. His real talent consisted in this, that, while he was quite as accessible and bribable as any other upright senator, he discerned with some cunning the moment when the matter began to be hazardous, and above all by virtue of his superior and venerable appearance acted the part of Fabricius before the public. In a military point of view, no doubt, we find some honourable exceptions of able officers belonging to the highest circles of the aristocracy; but the rule was, that the lords of quality, when they were to assume the command of armies, hastily read up from the Greek military manuals and the Roman annals as much as was required for holding a military conversation, and then, when in the field, acted most wisely by entrusting the real command to an officer of humble lineage but of tried capacity and tried discretion. In fact, if a couple of centuries earlier the senate resembled an assembly of kings, these their successors played not ill the part of princes. But the incapacity of these restored aristocrats was fully equalled by their political and moral worthlessness. If the state of religion, to which we shall revert, did not present a faithful reflection of the wild dissoluteness of this epoch, and if the external history of the period did not exhibit the utter depravity of the Roman nobles as one of its most essential elements, the horrible crimes, which came to light in rapid succession among the highest circles of Rome, would alone suffice to indicate their character.

Administration under the Restoration
Social State of Italy

The administration, internal and external, was what was to be expected under such a government. The social ruin of Italy spread with alarming rapidity; since the aristocracy had given itself legal permission to buy out the small holders, and in its new arrogance allowed itself with growing frequency to drive them out, the farms disappeared like raindrops in the sea. That the economic oligarchy at least kept pace with the political, is shown by the opinion expressed about 650 by Lucius Marcius Philippus, a man of moderate democratic views, that there were among the whole burgesses hardly 2000 families of substantial means. A practical commentary on this state of things was once more furnished by the servile insurrections, which during the first years of the Cimbrian war broke out annually in Italy, e. g. at Nuceria, at Capua, and in the territory of Thurii. This last conspiracy was so important that the urban praetor had to march with a legion against it and yet overcame the insurrection not by force of arms, but only by insidious treachery. It was moreover a suspicious circumstance, that the insurrection was headed not by a slave, but by the Roman knight Titus Vettius, whom his debts had driven to the insane step of manumitting his slaves and declaring himself their king (650). The apprehensions of the government with reference to the accumulation of masses of slaves in Italy are shown by the measures of precaution respecting the gold- washings of Victumulae, which were carried on after 611 on account of the Roman government: the lessees were at first bound not to employ more than 5000 labourers, and subsequently the workings were totally stopped by decree of the senate. Under such a government as the present there was every reason in fact for fear, if, as was very possible, a Transalpine host should penetrate into Italy and summon the slaves, who were in great part of kindred lineage, to arms.

The Provinces
Occupation of Cilicia

The provinces suffered still more in comparison. We shall have an idea of the condition of Sicily and Asia, if we endeavour